There are several irregularities that can affect your
relationship with the administration and enforcement forces and
consequently, lead to the annulment, before the administrative courts,
of the driver's license loss of points.

Under the legislation in force (the Road Code), "the
administration can not legally make a decision to remove the points
assigned to a driver's license, following an offense whose facts have
been established, unless the offender has previously been issued a
document containing the information required by the regulations in
force, which constitute an essential guarantee for him/her to challenge
the established facts of the offense and to measure the consequences
regarding the validity of his/her license. "

The administrative courts hold that "it belongs to the
administrative authority to prove, by any means, that the authority has
satisfied this disclosure requirement."

It is therefore assured that that when the
administration fails to provide proof of meeting its obligations, the
judge will annul the decision to withdraw points. Hence, the driver
recovers his/her points. Point recovery, and sometimes, of dozens,
often holds only by a threat (the default). Here are two recent
examples.

The administrative judge condemned, in the first case
(State Council, 2008-II), the decision taken by the Minister of
Interior to withdraw points. Even though, the driver had in fact
committed a violation!

However, the Minister having acknowledged its failure to
provide proof of issuance of the required information on the findings
of the infringement, it follows that the decision by which the latter
withdrew a point from the driver’s license point capital as a result of
this offense is illegal in that it relies on an irregular procedure.
The driver recovered one capital point.

In the second case reported (State Council, 2008-V), the
driver recovered four points. In fact, the Council of State notes that,
contrary to what the minister argues, the facts concerning the offense
committed by the driver were established by the Magistarates Court, of
which it was not upheld that the facts were definitive, does not allow
to establish the fact that the deduction of points at issue had been
preceded by the information required by law.

Thus, "the decision of the Minister of the Interior ...,
removing the four points from the second driver’s driving license
following the violation he committed [...] must be regarded as the
outcome of an improper procedure. "

There are several irregularities that can affect your
relationship with the administration and enforcement forces and
consequently, lead to the annulment, before the administrative courts,
of the driver's license loss of points.